Illinois General Assembly - Full Text of Public Act 095-0392
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Public Act 095-0392


 

Public Act 0392 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0392
 
SB1099 Enrolled LRB095 06040 DRJ 26132 b

    AN ACT concerning the military.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Military Leave of Absence Act is amended by
adding Section 1.01 as follows:
 
    (5 ILCS 325/1.01 new)
    Sec. 1.01. Violation. A violation of this Act constitutes a
civil rights violation under the Illinois Human Rights Act.
 
    Section 10. The Public Employee Armed Services Rights Act
is amended by adding Section 5.1 as follows:
 
    (5 ILCS 330/5.1 new)
    Sec. 5.1. Violation. A violation of this Act constitutes a
civil rights violation under the Illinois Human Rights Act.
 
    Section 15. The Illinois Municipal Code is amended by
changing Section 11-117-12.2 as follows:
 
    (65 ILCS 5/11-117-12.2)
    Sec. 11-117-12.2. Military personnel on active duty; no
stoppage of gas or electricity; arrearage.
    (a) In this Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (b) No municipality owning a public utility shall stop gas
or electricity from entering the residential premises of which
a service member was a primary occupant immediately before the
service member was deployed on active duty for nonpayment for
gas or electricity supplied to the residential premises.
    (c) Upon the return from active duty of a residential
consumer who is a service member, the municipality shall offer
the residential consumer a period equal to at least the period
of the residential consumer's deployment on active duty to pay
any arrearages incurred during the period of the residential
consumer's deployment. The municipality shall inform the
residential consumer that, if the period the municipality
offers presents a hardship to the consumer, the consumer may
request a longer period to pay the arrearages.
    (d) In order to be eligible for the benefits granted to
service members under this Section, a service member must
provide the municipality with a copy of the military or
gubernatorial orders calling the service member to active duty
and of any orders further extending the service member's period
of active duty.
    (e) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act. In addition to
any other penalty that may be provided by law, a municipality
that wilfully violates this Section is subject to a civil
penalty of $1,000. The Attorney General may impose a civil
penalty under this subsection only after he or she provides the
following to the affected municipality:
        (1) Written notice of the alleged violation.
        (2) Written notice of the municipality's right to
    request an administrative hearing on the question of the
    alleged violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Attorney General.
        (4) A written decision from the Attorney General, based
    on the evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the municipality
    violated this Section and imposing the civil penalty.
    The Attorney General may bring an action in the circuit
court to enforce the collection of a civil penalty imposed
under this subsection.
    All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the
Illinois Military Family Relief Fund.
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
 
    Section 20. The Illinois Insurance Code is amended by
changing Section 224.05 as follows:
 
    (215 ILCS 5/224.05)
    Sec. 224.05. Military personnel on active duty; no lapse of
life insurance policy.
    (a) Except as provided in subsection (b), this Section
shall apply to any individual life insurance policy insuring
the life of a member of the armed services or reserve forces of
the United States or a member of the Illinois National Guard
who is on active duty pursuant to an executive order of the
President of the United States, an act of the Congress of the
United States, or an order of the Governor, if the life
insurance policy meets both of the following conditions:
        (1) The policy has been in force for at least 180 days.
        (2) The policy has been brought within the
    "Servicemembers Civil Relief Act," 117 Stat. 2835 (2003),
    50 U.S.C. App. 541 and following.
    (b) This Section does not apply to any policy that was
cancelled or that had lapsed for the nonpayment of premiums
prior to the commencement of the insured's period of military
service.
    (c) An individual life insurance policy described in this
Section shall not lapse or be forfeited for the nonpayment of
premiums during the military service of a member of the armed
services or reserve forces of the United States or a member of
the Illinois National Guard or during the 2-year period
subsequent to the end of the member's period of military
service.
    (d) In order to be eligible for the benefits granted to
service members under this Section, a service member must
provide the life insurance company with a copy of the military
or gubernatorial orders calling the service member to active
duty and of any orders further extending the service member's
period of active duty.
    (e) This Section does not limit a life insurance company's
enforcement of provisions in the insured's policy relating to
naval or military service in time of war.
    (f) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act. In addition to
any other penalty that may be provided by law, an insurance
company that violates this Section is subject to a civil
penalty of $1,000. The Attorney General may impose a civil
penalty under this subsection only after he or she provides the
following to the affected insurance company:
        (1) Written notice of the alleged violation.
        (2) Written notice of the insurance company's right to
    request an administrative hearing on the question of the
    alleged violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Attorney General.
        (4) A written decision from the Attorney General, based
    on the evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the insurance
    company violated this Section and imposing the civil
    penalty.
    The Attorney General may bring an action in the circuit
court to enforce the collection of a civil penalty imposed
under this subsection.
    All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the
Illinois Military Family Relief Fund.
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
 
    Section 25. The Public Utilities Act is amended by changing
Section 8-201.5 as follows:
 
    (220 ILCS 5/8-201.5)
    Sec. 8-201.5. Military personnel on active duty; no
stoppage of gas or electricity; arrearage.
    (a) In this Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (b) No company or electric cooperative shall stop gas or
electricity from entering the residential premises of which a
service member was a primary occupant immediately before the
service member was deployed on active duty for nonpayment for
gas or electricity supplied to the residential premises.
    (c) In order to be eligible for the benefits granted to
service members under this Section, a service member must
provide the company or electric cooperative with a copy of the
military or gubernatorial orders calling the service member to
active duty and of any orders further extending the service
member's period of active duty.
    (d) Upon the return from active duty of a residential
consumer who is a service member, the company or electric
cooperative shall offer the residential consumer a period equal
to at least the period of deployment on active duty to pay any
arrearages incurred during the period of the residential
consumer's deployment. The company or electric cooperative
shall inform the residential consumer that, if the period that
the company or electric cooperative offers presents a hardship
to the consumer, the consumer may request a longer period to
pay the arrearages and, in the case of a company that is a
public utility, may request the assistance of the Illinois
Commerce Commission to obtain a longer period. No late payment
fees or interest shall be charged to the residential consumer
during the period of deployment or the repayment period.
    (e) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act. In addition to
any other penalty that may be provided by law, a company or
electric cooperative that wilfully violates this Section is
subject to a civil penalty of $1,000. The Attorney General may
impose a civil penalty under this subsection only after he or
she provides the following to the affected company or electric
cooperative:
        (1) Written notice of the alleged violation.
        (2) Written notice of the company or electric
    cooperative's right to request an administrative hearing
    on the question of the alleged violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Attorney General.
        (4) A written decision from the Attorney General, based
    on the evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the company or
    electric cooperative violated this Section and imposing
    the civil penalty.
    The Attorney General may bring an action in the circuit
court to enforce the collection of a civil penalty imposed
under this subsection.
    All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the
Illinois Military Family Relief Fund.
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
 
    Section 30. The Code of Civil Procedure is amended by
changing Section 9-107.10 as follows:
 
    (735 ILCS 5/9-107.10)
    Sec. 9-107.10. Military personnel on active duty; action
for possession.
    (a) In this Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (b) In an action for possession of residential premises of
a tenant, including a tenant who is a resident of a mobile home
park, who is a service member deployed on active duty, or of
any member of the tenant's family who resides with the tenant,
if the tenant entered into the rental agreement on or after the
effective date of this amendatory Act of the 94th General
Assembly, the court may, on its own motion, and shall, upon
motion made by or on behalf of the tenant, do either of the
following if the tenant's ability to pay the agreed rent is
materially affected by the tenant's deployment on active duty:
        (1) Stay the proceedings for a period of 90 days,
    unless, in the opinion of the court, justice and equity
    require a longer or shorter period of time.
        (2) Adjust the obligation under the rental agreement to
    preserve the interest of all parties to it.
    (c) In order to be eligible for the benefits granted to
service members under this Section, a service member or a
member of the service member's family who resides with the
service member must provide the landlord or mobile home park
operator with a copy of the military or gubernatorial orders
calling the service member to active duty and of any orders
further extending the service member's period of active duty.
    (d) If a stay is granted under this Section, the court may
grant the landlord or mobile home park operator such relief as
equity may require.
    (e) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act.
(Source: P.A. 94-635, eff. 8-22-05.)
 
    Section 35. The Illinois Human Rights Act is amended by
changing Section 1-103 and adding Section 6-102 as follows:
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General Definitions. When used in this Act,
unless the context requires otherwise, the term:
    (A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
    (B) Aggrieved Party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
    (C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
    (D) Civil Rights Violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-103, 3-104,
3-104.1, 3-105, 4-102, 4-103, 5-102, 5A-102, and 6-101, and
6-102 of this Act.
    (E) Commission. "Commission" means the Human Rights
Commission created by this Act.
    (F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
    (G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
    (H) Department. "Department" means the Department of Human
Rights created by this Act.
    (I) Handicap. "Handicap" means a determinable physical or
mental characteristic of a person, including, but not limited
to, a determinable physical characteristic which necessitates
the person's use of a guide, hearing or support dog, the
history of such characteristic, or the perception of such
characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
        (1) For purposes of Article 2 is unrelated to the
    person's ability to perform the duties of a particular job
    or position and, pursuant to Section 2-104 of this Act, a
    person's illegal use of drugs or alcohol is not a handicap;
        (2) For purposes of Article 3, is unrelated to the
    person's ability to acquire, rent or maintain a housing
    accommodation;
        (3) For purposes of Article 4, is unrelated to a
    person's ability to repay;
        (4) For purposes of Article 5, is unrelated to a
    person's ability to utilize and benefit from a place of
    public accommodation.
    (J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
    (J-1) Military Status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
    (K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
    (L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
    (M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
    (N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
    (O) Sex. "Sex" means the status of being male or female.
    (O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
    (P) Unfavorable Military Discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
    (Q) Unlawful Discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
race, color, religion, national origin, ancestry, age, sex,
marital status, handicap, military status, sexual orientation,
or unfavorable discharge from military service as those terms
are defined in this Section.
(Source: P.A. 93-941, eff. 8-16-04; 93-1078, eff. 1-1-06;
94-803, eff. 5-26-06.)
 
    (775 ILCS 5/6-102 new)
    Sec. 6-102. Violations of other Acts. A person who violates
the Military Leave of Absence Act, the Public Employee Armed
Services Rights Act, Section 11-117-12.2 of the Illinois
Municipal Code, Section 224.05 of the Illinois Insurance Code,
Section 8-201.5 of the Public Utilities Act, Section 9-107.10
of the Code of Civil Procedure, Section 4.05 of the Interest
Act, the Military Personnel Cellular Phone Contract
Termination Act, or Section 37 of the Motor Vehicle Leasing Act
commits a civil rights violation within the meaning of this
Act.
 
    Section 40. The Interest Act is amended by changing Section
4.05 as follows:
 
    (815 ILCS 205/4.05)
    Sec. 4.05. Military personnel on active duty; limitation on
interest rate.
    (a) In this Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Obligation" means any retail installment sales contract,
other contract for the purchase of goods or services, or bond,
bill, note, or other instrument of writing for the payment of
money arising out of a contract or other transaction for the
purchase of goods or services.
    "Service member" means a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (b) Notwithstanding any contrary provision of State law,
but subject to the federal Servicemembers Civil Relief Act, no
creditor in connection with an obligation entered into on or
after the effective date of this amendatory Act of the 94th
General Assembly, but prior to a service member's deployment on
active duty, shall charge or collect from a service member who
is deployed on active duty, or the spouse of that service
member, interest or finance charges exceeding 6% per annum
during the period that the service member is deployed on active
duty.
    (c) Notwithstanding any contrary provision of law,
interest or finance charges in excess of 6% per annum that
otherwise would be incurred but for the prohibition in
subsection (b) are forgiven.
    (d) The amount of any periodic payment due from a service
member who is deployed on active duty, or the spouse of that
service member, under the terms of the obligation shall be
reduced by the amount of the interest and finance charges
forgiven under subsection (c) that is allocable to the period
for which the periodic payment is made.
    (e) In order for an obligation to be subject to the
interest and finance charges limitation of this Section, the
service member deployed on active duty, or the spouse of that
service member, shall provide the creditor with written notice
of and a copy of the military or gubernatorial orders calling
the service member to active duty and of any orders further
extending the service member's period of active duty, not later
than 180 days after the date of the service member's
termination of or release from active duty.
    (f) Upon receipt of the written notice and a copy of the
orders referred to in subsection (e), the creditor shall treat
the obligation in accordance with subsection (b), effective as
of the date on which the service member is deployed to active
duty.
    (g) A court may grant a creditor relief from the interest
and finance charges limitation of this Section, if, in the
opinion of the court, the ability of the service member
deployed on active duty, or the spouse of that service member,
to pay interest or finance charges with respect to the
obligation at a rate in excess of 6% per annum is not
materially affected by reason of the service member's
deployment on active duty.
    (h) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act. In addition to
any other penalty that may be provided by law, a creditor that
violates this Section is subject to a civil penalty of $1,000.
The Attorney General may impose a civil penalty under this
subsection only after he or she provides the following to the
affected creditor:
        (1) Written notice of the alleged violation.
        (2) Written notice of the creditor's right to request
    an administrative hearing on the question of the alleged
    violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Attorney General.
        (4) A written decision from the Attorney General, based
    on the evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the creditor
    violated this Section and imposing the civil penalty.
    The Attorney General may bring an action in the circuit
court to enforce the collection of a civil penalty imposed
under this subsection.
    All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the
Illinois Military Family Relief Fund.
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
 
    Section 45. The Military Personnel Cellular Phone Contract
Termination Act is amended by adding Section 22 as follows:
 
    (815 ILCS 633/22 new)
    Sec. 22. Violation. A violation of this Act constitutes a
civil rights violation under the Illinois Human Rights Act.
 
    (815 ILCS 633/20 rep.)
    Section 50. The Military Personnel Cellular Phone Contract
Termination Act is amended by repealing Section 20.
 
    Section 55. The Motor Vehicle Leasing Act is amended by
changing Section 37 as follows:
 
    (815 ILCS 636/37)
    Sec. 37. Military personnel on active duty; termination of
lease.
    (a) In this Act:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Motor vehicle" means any automobile, car minivan,
passenger van, sport utility vehicle, pickup truck, or other
self-propelled vehicle not operated or driven on fixed rails or
track.
    "Service member" means a member of the armed services or
reserve forces of the United States or a member of the Illinois
National Guard.
    (b) Any service member who is deployed on active duty for a
period of not less than 180 days, or the spouse of that service
member, may terminate any motor vehicle lease that meets both
of the following requirements:
        (1) The lease is entered into on or after the effective
    date of this amendatory Act of the 94th General Assembly.
        (2) The lease is executed by or on behalf of the
    service member who is deployed on active duty.
    (c) Termination of the motor vehicle lease shall not be
effective until:
        (1) the service member who is deployed on active duty,
    or the service member's spouse, gives the lessor by
    certified mail, return receipt requested, a notice of the
    intention to terminate the lease together with a copy of
    the military or gubernatorial orders calling the service
    member to active duty and of any orders further extending
    the service member's period of active duty; and
        (2) the motor vehicle subject to the lease is returned
    to the custody or control of the lessor not later than 15
    days after the delivery of the written notice.
    (d) Lease amounts unpaid for the period preceding the
effective date of the lease's termination shall be paid on a
prorated basis. The lessor may not impose an early termination
charge, but any taxes, costs of summons, and title or
registration fees and any other obligation and liability of the
lessee under the terms of the lease, including reasonable
charges to the lessee for excess wear, use, and mileage, that
are due and unpaid at the time of the lease's termination shall
be paid by the lessee.
    (e) The lessor shall refund to the lessee lease amounts
paid in advance for a period after the effective date of the
lease's termination within 30 days after the effective date of
the lease's termination.
    (f) Upon application by the lessor to a court before the
effective date of the lease's termination, relief granted by
this Section may be modified as justice and equity require.
    (g) A violation of this Section constitutes a civil rights
violation under the Illinois Human Rights Act. In addition to
any other penalty that may be provided by law, a lessor that
violates this Section is subject to a civil penalty of $1,000.
The Attorney General may impose a civil penalty under this
subsection only after he or she provides the following to the
affected lessor:
        (1) Written notice of the alleged violation.
        (2) Written notice of the lessor's right to request an
    administrative hearing on the question of the alleged
    violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Attorney General.
        (4) A written decision from the Attorney General, based
    on the evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the lessor
    violated this Section and imposing the civil penalty.
    The Attorney General may bring an action in the circuit
court to enforce the collection of a civil penalty imposed
under this subsection.
    All proceeds from the collection of any civil penalty
imposed under this subsection shall be deposited into the
Illinois Military Family Relief Fund.
(Source: P.A. 94-635, eff. 8-22-05; 94-802, eff. 5-26-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2007